Madras High Court
Tmt.P.Dhanalakshmi vs A.Raja Mohamed on 20 April, 2021
C.M.A.No.1999 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.04.2021
CORAM:
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A.No.1999 of 2016
1.Tmt.P.Dhanalakshmi
2.N.Paramasivam
3.P.Sathyapriya ...Appellants
Vs
1.A.Raja Mohamed
2.Shriram General Insurance Co Limited,
No.66, Thirumalai Pillai Road,
T.Nagar, Chennai – 600 017.
(The 1st respondent exparte in lower court,
hence notice may be dispense with) ...Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the decree and judgment dated 18.04.2013 made
in M.C.O.P.No.857 of 2011 On the file of Motor Accident Claims Tribunal,
(VI Small Causes Court), Chennai.
For Appellants : Mr.K.Varadha Kamaraj
For Respondents : R1 – Exparte before Tribunal
Mr.K.Poomalai for R2
1/8
http://www.judis.nic.in
C.M.A.No.1999 of 2016
JUDGMENT
This appeal has been filed by the claimants seeking enhancement of
compensation under the impugned Award dated 18.04.2013 passed by the
Motor Accident Claims Tribunal, VI Court of Small Causes, Chennai in
MCOP.No.857 of 2011.
2.The Appellants/claimants unsatisfied with the quantum of
compensation awarded by the Tribunal have preferred this appeal seeking for
enhancement.
3.The details of the impugned award are as follows :-
Particulars Amount (Rs.)
Loss of income is 6,48,000
(6,000x12x18x1/2)
Funeral expenses 5000
Loss of love & affection 20000
Total 6,73,000
4.The Appellants/claimants unsatisfied with the quantum of
compensation awarded by the Tribunal have preferred this appeal seeking for
enhancement.
http://www.judis.nic.in
C.M.A.No.1999 of 2016
5.Heard Mr. K.Varadha Kamaraj, learned counsel for the appellants
and Mr.K.Poomalai, learned counsel for the second respondent. R1
remained ex-parte before the Tribunal, hence notice to R1 is dispensed with.
6.This Court has perused the materials and evidence available on
record before the Tribunal.
7.The Appellants/claimants are the Legal Representatives and the
dependants of the deceased Sathish Kumar, who died as a bachelor at the
age of 20 years caused by a vehicle insured with the second respondent /
Insurance Company. In the claim petition, the Appellants/claimants have
pleaded that the deceased was a bakery Salesman earning Rs.15,000/- per
month at the time of the accident.
8a.The accident happened on 18.02.2011. The Tribunal assessed the
notional monthly income of the deceased at Rs.6,000/-. No contra evidence
has also been produced by the respondents before the Tribunal to disprove
the avocation of the deceased. This Court is of the considered view that
considering the avocation of the deceased, the Tribunal ought to have fixed
http://www.judis.nic.in
C.M.A.No.1999 of 2016
his notional monthly income at a higher sum. After giving due consideration
to the year of the accident which happened in the year 2011, this Court fixes
the notional monthly income of the deceased at Rs.7,500/- instead of
Rs.6,000/- fixed by the Tribunal.
8b.The Tribunal has also not awarded any compensation towards loss
of future prospects to the Appellants/claimants which they are legally
entitled to as per the decision of the Hon'ble Supreme Court in the case of
National Insurance Co. Ltd. vs. Pranay Sethi reported in 2017 16 SCC
680. Accordingly, this Court fixes the loss of future prospects at 40% in
accordance with the said judgment.
8c.The Tribunal has rightly deducted 50% towards personal expenses
of the deceased as he was a bachelor at the time of the accident, in
accordance with the decision of Hon'ble Supreme Court in the case of
Sarala Verma & Ors vs Delhi Transport Corporation & Another reported
in 2009 6 SCC 121. Accordingly, the compensation awarded under the head
loss of income is enhanced from Rs.6,48,000/- to Rs.11,34,000/- ( Rs.7,500
+40%= Rs.10,500 x 12 x 18 x 12)
http://www.judis.nic.in
C.M.A.No.1999 of 2016
9.The Tribunal has also awarded a lesser compensation of Rs.5,000/-
towards funeral expenses and Rs.20,000/- towards loss of love and affection.
If the ratio laid down by the Hon'ble Supreme Court in Pranay Sethi's case
referred to supra was applied, the funeral expenses will have to enhanced to
Rs.15,000/- and loss of love and affection will have to be enhanced to
Rs.50,000/-. Accordingly, this Court enhances the compensation towards
funeral expenses from Rs.5,000/- to Rs.15,000/- and towards loss of love
and affection from Rs.20,000/- to Rs.50,000/-.
10.The Tribunal has also failed to award any compensation towards
loss of estate which the Appellants/claimants are legally entitled to in
accordance with the settled law. Accordingly, this Court awards a
compensation of Rs.15,000/- to the Appellants/claimants towards loss of
estate. The Tribunal has also rightly applied correct multiplier of 18 in
accordance with the settled law.
11.For the foregoing reasons, the award of the Tribunal is hereby
modified in the following manner :
http://www.judis.nic.in
C.M.A.No.1999 of 2016
Heads Amount awarded Amount awarded
by the Tribunal by this Court
(Rs.) (Rs.)
Loss of income 6,48,000 11,34,000
*Rs.6,000x12x18x1/2 * #
#Rs.7,500 +40%= Rs.10,500 x
12 x 18 x 12
Funeral expenses 5,000 15,000
Loss of love & affection 20,000 50,000
Loss of Estate - 15,000
Total Rs.6,73,000 Rs.12,14,000
12.In the result, the appeal filed by the appellants / claimants, stands
partly allowed by enhancing the compensation from Rs.6,73,000/- to
Rs.12,14,000/- as indicated above. No costs.
13.The second respondent Insurance Company is directed to deposit
the entire award amount as assessed by this Court together with interest at
7.5% p.a. from the date of claim petition till the date of realization, less the
amount, if any, already deposited to the credit of M.C.O.P. No.857 of 2011
on the file of the Motor Accident Claims Tribunal, (VI Small Causes Court),
Chennai, within a period of four weeks from the date of receipt of a copy of
http://www.judis.nic.in
C.M.A.No.1999 of 2016
this Judgment. On such deposit being made, the Tribunal is directed to
transfer the award amount directly to the bank account of the appellants
/claimants, as per the ratio of apportionment fixed by the Tribunal through
RTGS, within a period of two weeks thereafter. The requisite Court fee, if
any has to be paid by the appellants/claimants before receiving the copy of
this Judgment.
20.04.2021
Index:Yes/No
Internet:Yes/No
Speaking/Non-speaking order
vsi2/pam
To
1.The Motor Accident Claims Tribunal,
(VI Small Causes Court), Chennai.
2.The Section Officer
V.R.Section, High Court of Madras.
http://www.judis.nic.in
C.M.A.No.1999 of 2016
ABDUL QUDDHOSE, J.
vsi2/pam
C.M.A.No.1999 of 2016
20.04.2021
http://www.judis.nic.in
